CHRIS CHAPMAN: The Alan Jones Breakfast Show in March of 2011, where Mr Jones stated that human beings produce 0.001 per cent of carbon dioxide in the atmosphere, we found it was not substantiated by the 2GB, the licensee. And we further found that there was no evidence that reasonable efforts had been taken by the licensee to ensure that it was reasonably supportable as being accurate, and as a consequence it breached the commercial radio code.

MATTHEW CARNEY: So was the statement actually factual or not?

CHRIS CHAPMAN: The implied answer is that it was not factual because we put it to the licensee that we'd had a complaint, we put it to the licensee that they needed to adduce evidence and the licensee's failed to do that.

They conceded that it was a claim researched by Mr Jones himself and they weren't able to adduce any evidence supporting that claim.

MATTHEW CARNEY: So what are the consequences here? What will ACMA do?

CHRIS CHAPMAN: The licensee is currently reviewing, right across its major production teams, their compliance procedures with respect to several code provisions. We will look at that to ascertain what further undertakings, if any, may be required.

MATTHEW CARNEY: But is the second accuracy breach that you've rule on against Alan Jones and his licensee, Harbour Radio. Does it suggest that this is systemic?

CHRIS CHAPMAN: You say two breaches over a number of years is a systemic breach. That's not a systemic breach within the contemplation of the Broadcasting Services Act and it is not in my language a systemic breach.

MATTHEW CARNEY: But Alan Jones has had multiple breaches. We've had two accuracy breaches, an incitement to violence breach here. It seems that Alan Jones and his licensee don't really take much notice of what you say or do.

CHRIS CHAPMAN: Well, that's not - that's your proposition. That's not my assessment. You say there have been multiple breaches. There have been very few breaches by Alan Jones over the years. The incitement, vilification breach you cited was in a broadcast in 2006 from memory, and I've just indicated that we've found over the last several years, two accuracy breaches across a very significant number of hours of live broadcasting.

So, our assessment is I think qualitatively different to the one you just put to me.

MATTHEW CARNEY: Why can't you impose licensing conditions like you have done for radio host Kyle Sandilands or at least an enforceable undertaking?

CHRIS CHAPMAN: Kyle Sandiland's licensing condition was about the broadcast of offensive material. One of the investigations that we've concluded today is the investigation into Alan Jones's commentary about a number of political figures, including the Prime Minister with chaff bag and putting her out to sea.

We concluded and indeed made the commentary that it was very disrespectful and disparaging. But in Australian democratic society, in what is generally accepted as free speech, that incitement wasn't incitement within the terms of the act, it wasn't indecent material within the contemplation of the provision; it was disrespectful, it was disparaging but that is a broadcasters prerogative.

EMILY BOURKE: That's Australian Communications and Media Authority's chairman, Chris Chapman, speaking with Matthew Carney. And The World Today has received no response from 2GB or Alan Jones.

From the Archives

Sri Lanka is now taking stock of the country's 26-year-long civil war, in which the UN estimates as many as 40,000 Tamil civilians may have been killed. This report by the ABC's Alexander McLeod in 1983 looks at the origins of the conflict as it was just beginning.